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On my last contract the agency basically told me either I opt out, or I don't get the contract...

It's a bit of a nuclear move, so tread carefully, but words along the lines of "Oh, I'm sorry to hear that - perhaps I could have a talk with [end client] and see if we can't all come to some arrangement". In other words, make it clear that you'll make it clear why the contract fails - end clients don't like being messed around and wasting time.

I got that too, and I reminded them of the law around not making it conditional... "which obviously isn't going to happen here, right?"

Funnily enough a template was produced from somewhere and the necessary 'opt in' version of the document created

Crazy eh!

Cojak wrote to BiS about this and confirmed agents are well within their rights to decide not to deal with Opt In contractors if they so wish. Its not about it being conditional it's just about their choice of engagement.

Cojak wrote to BiS about this and confirmed agents are well within their rights to decide not to deal with Opt In contractors if they so wish. Its not about it being conditional it's just about their choice of engagement.

I'd like to see that response if there is one available - mandating that someone 'opt' that an agency shouldn't be held to their own industry code of conduct doesn't quite pass the sniff test for me.

I'd like to see that response if there is one available - mandating that someone 'opt' that an agency shouldn't be held to their own industry code of conduct doesn't quite pass the sniff test for me.

I don't see why. It's there to protect vulnerable workers and the opt out option was created for Limited companies and highly skilled professionals who don't want to be governed by them. It was designed for us to opt out so I don't see why forcing them to engage with us as opt in should be mandated. If the agencies want to deal solely with us and there is the provision to do so why must they accept opt in?

It's slack of them I agree but they are technically following the guidelines of the legislation.

That said I've yet to see an agency opting out properly so generally you are in by default, for what good it really does you.